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Table of Contents. When Was Common Law Marriage Abolished in Florida? Why Did Common Law Marriage Exist in Florida? Who Does Florida's Common Law Marriage Law Apply To? Key Provisions of Florida's Common Law Marriage Recognition. What Are the Benefits of a Valid Common Law Marriage in Florida? How Can I Prove a Common Law Marriage Existed?
Jul 11, 2019 · In the state of Florida, if you are not married, you do not have any rights that married couples would have. This holds true for common law marriages. You cannot reside in Florida and have the state establish a common law marriage. It will recognize a common law marriage from another state, however.
Florida courts hold that the law of the state where the contract of marriage occurred determines its validity. There are several cases in which couples go through a marriage ceremony and hold themselves out to the community as a married couple. They do so in a state or country that recognizes common law marriage.
Florida Statute 741.211 abolished all common law marriages in the State of Florida which were entered into after January 1, 1968. Common law marriages entered into prior to that date are still considered valid.
Apr 28, 2020 · However, while common law marriages exist in some states, Florida does not recognize any common law marriage that began after 1968. Therefore, if you are living as a married person without any of the legal protections of being married, you might run into some steep legal obstacles.
Under Florida Statute, a common-law marriage is valid only if entered into before January 1, 1968, or if the couple was married under the common-law marriage statute of a recognizing state (listed above). You cannot initiate the divorce of a common-law marriage in Florida (unless entered into before 1968).
There is no de facto common law marriage in Florida. Common law marriage is an arrangement that exists in about 12 U.S. states. Only 7 of those states still allow common law marriage. Five of those states, including Florida, only recognize common law marriages that were entered into before a certain date.
